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The infringement of the tool industry is mainly manifested in trademark infringement patent infringement. According to the media reports of the relevant departments, the infringement cases concerning the tool industry are rare. A few rights activists are also reported by the manufacturers, but they cannot be considered as infringing. . In fact, the infringement of trademark exclusive rights is currently the most common infringement in the tool industry. Infringement of trademark exclusive rights is actually what we usually call counterfeit knives. This magazine once planned to organize “survival space survey for counterfeit tools†and hated fake tools for the tool industry. This infringement of intellectual property rights has been thoroughly investigated and analyzed. However, three years have passed, and the infringement of counterfeit well-known brands is still in the air.
From not many news reports, we found that companies that are similar to trademark infringement rights are mostly domestic famous tool manufacturers, such as Shanghai Tools Co., Ltd. and Harbin First Tools Co., Ltd., all of which are standard tool series. This is because standard general-purpose tools belong to the traditional industrial technology field, and the technical difficulty is not high. Many small enterprises and even small family workshops can produce them at low cost. These products are sold by famous trademarks or similar trademarks. .
Trademark infringement cases are better at handling intellectual property cases and are more common cases. The legal provisions on national trademark protection are relatively comprehensive, and the same judgment of trademarks is relatively easy, while the judgment of trademarks is slightly troublesome. This is mainly related to the number of trademark judgment units. The General Trademark Office, the Trademark Review Board, and the local high-level courts have trademark infringements. Eligibility is determined, and each unit may conclude that it is contrary. Still, it is much easier than the patent infringement decision. There is still a difference in trademark infringement patent infringement. Patent infringement will only reduce the sales space of the product. The trademark infringement brings not only the loss of sales space, but also the loss of reputation due to the quality of the infringing product. A serious blow to the corporate image will make the user's original good brand image fall, this loss can not be estimated.
The phenomenon of counterfeiting famous brand tools is very common everywhere, but many reasons make it difficult to maintain trademark exclusive rights. First of all, as an industrial product, cutters are different from mass consumer goods. There will be no reports from many consumers. Many tool users will become hotbeds of infringing products, especially patent infringement imitation cutters. Even if a user buys a counterfeit infringing product, most of them are gone. Secondly, the law enforcement is not active. The daily management actions of the State Administration of Quality Supervision, Inspection and Quarantine of the industrial and commercial departments are mainly based on products in the fields of life and agriculture, and there is basically no special knives for knives. In addition, the cost of safeguarding rights is too high. Most of the activists of the activist actions take the initiative to carry out joint operations with the law enforcement agencies. From the situation of the situation, coordination with the local public security, industry and commerce, and technical supervision departments, to technical appraisal, a series of work hours. Laborious. Discontinuous activism can only play a temporary role, and enterprises are not worth the loss, and relying on legal means to obtain compensation is also very limited. For example, in 2009, Shanghai Tool Factory Co., Ltd. sued Shanghai Basic Hardware Co., Ltd. for infringement of trademark exclusive rights disputes. This domestic tool industry trademark rights defense action did not infringe on one of several court cases, although the final judgment of basic hardware company infringement was determined and won compensation. 25,000 yuan. However, such a small amount of compensation is absolutely illegal to make up for the loss, especially counterfeit products bring reputation losses to the enterprise.
Enterprises should pay attention to intellectual property rights protection work
Every business has its own trademark, but not every company can realize that its trademark is “moneyâ€. The construction of trademarks is not a one-off process. The birth and cultivation of a famous trademark is a long and arduous process. How to convert your investment in the trademark into income, or try to get the most satisfactory results with the minimum investment, while avoiding the losses caused by other companies fraudulent use of trademarks, it is worthwhile for every enterprise to ponder the problem.
On the road to protecting intellectual property rights, companies cannot become shopkeepers. Compared with foreign companies, domestic enterprises often have a relatively low awareness of intellectual property protection, while the customs responsible for the rights and interests of the industrial and commercial departments and the General Administration of Quality Inspection and Quarantine of the People's Republic of China have poor initiative in defending tool products, and generally have less investment in corporate rights protection. Regardless of trademark infringement and patent infringement, if enterprises want to achieve results in their own intellectual property protection, they must take active actions to increase investment in intellectual property protection, such as establishing special rights protection agencies, providing special funds for safeguarding rights, and providing protection for intellectual property protection. , the establishment of the Ministry of Legal Affairs, to determine the person responsible for intellectual property rights protection work.
Doing a good job of trademark rights protection is enough for most of the tool companies that still operate in a single-brand market, but intellectual property protection should not be focused on the immediate situation. With the rise of some domestic tool companies, there should be a large-scale tool enterprise group like Sandvik Coromant in the future, and it is impossible for it to be limited to one brand. In the future, trademark management will no longer be a matter of simple rights protection, and system management should also be carried out. This requires an independent trademark management department to systematically manage all registered trademarks and a large number of trademark applications. In this way, system management can reduce the cost of the trademark itself, and can effectively avoid competitors, legal use of trademarks, reduce compensation for trademark infringement, and ensure that the infringement of its own trademarks brings benefits.
Brand competitiveness comes from core technological advances
In addition to being able to obtain technological advancement through imitation, some users' needs also imitate one of the reasons for tool survival. Some small machine processing enterprises need low-cost, quality can also get certain guaranteed tools. The imitation tools have certain technical content and can meet the processing requirements of these enterprises. On the other hand, in many industries such as automobiles and steam turbines, some user companies have realized the cost control through the localization of tools. The localization of such tools is also a copy, which infringes the intellectual property rights of the original tools. One thing is clear: mapping and analyzing other products is not infringing. Therefore, in addition to imitation, many companies will analyze the competitor's products to obtain detailed survey and analysis reports, so as to understand the advantages of each other's products, in order to refer to the development of new products, we can call it imitation. There is a fundamental difference between imitation and imitation. When a company produces a certain type of product, it first searches for the patent. If the patent is deposited, it will generally apply for a change based on the patent structure, so that the product does not conflict with the patent claim, so there is no fear of infringement. In the field of industrial technology, imitation is an important means of promoting technological progress, which is recognized by most people. Now that innovation is mentioned, many people are eager to try to come up with something that has never come before to prove their extraordinary creativity, but it is not realistic to rely on the shoulders of their predecessors to rely on themselves to create. In fact, in the field of tool innovation, a patented tool is not necessarily universally recognized.
According to the statistics of the State Intellectual Property Office, as of March 2010, the number of patent applications accepted by China has exceeded 601,114,400. However, many patent applications, the number of patent applications for domestic tool companies is still very lacking. If you enter the company name for a search, it may be even more surprising to get a comparison. Many internationally renowned tool companies have applied for more than 100 patents, and Sandvik Coromant has registered more than 400 patents. In contrast, nearly 200 patents of Zhuzhou Diamond have performed best in many domestic tool companies, while other large companies have only dozens or even several patents.
Intellectual property rights should first be a strategy for enterprises to protect their own competitive advantage strategies. Intellectual property is a powerful weapon, and the current industry has entered the era of intellectual property war. Enterprises must arm themselves in order to survive. Domestic tool companies are beginning to realize this and are constantly enhancing their innovation capabilities, but the lack of core patent technology has made their market competition at a disadvantage.
The lack of core patent technology affects the future development of the company. Various patents of international tool companies are chasing and cutting, can produce fewer and fewer tools, or need to pay a large amount of patent use fees, which is unfavorable to the development of the national tool enterprises.
The gap is inevitable, efforts to catch up and return, investment in innovation, research and development, the establishment of appropriate intellectual property portfolio, and the lack of intellectual property rights in the short term is even more important. Domestic enterprises should abandon the old patent application and use mechanism, and consider whether they should conform to the business objectives of the enterprise and make benefits, so as to avoid unnecessary waste caused by the pursuit of false names. The achievements of Zhuzhou Diamond's independent innovation are worthy of learning by other companies. More than 160 technical R&D teams guarantee that they will launch new products every year, thus continuing to maintain the leading position of domestic tool companies. Zhu Shequan, deputy general manager of Zhuzhou Diamond, told the reporter that the R&D team of R&D has strong R&D and design capabilities, and the newly launched products can prove that the design and development capabilities are greatly improved. The construction of the “National Precision Engineering Innovation Platformâ€, a major national key project, provides more room for future independent innovation development. This allows us to see the hope of catching up.
The patent for independent innovation has become the key to keeping patents valid for a long time. The patent protection period is 10 to 20 years, but many technologies will be out of date after a few years. Domestic tool companies often simplifies this, so patent holders lack the motivation to actively improve to promote better patent implementation. In this respect, Kenner's metal experience is worth learning. In terms of patent management, patent holders will give patent holders a certain reward as long as the patents continue to improve the implementation method during the patent validity period, so that patents can achieve new effects and adapt to the new situation. If the sales of the patented products are better, the higher the reward, the patent holders will continue to find ways to help the company develop continuously and help improve the patent implementation method. Luo Baihui said that in addition to strengthening the R&D design team and improving the ability of independent innovation, enterprises can also create intellectual property systems through other methods, such as cooperation, mergers and acquisitions participation in standard setting, etc. to achieve rapid access to intellectual property rights.
Cooperative mergers and acquisitions can quickly obtain the corresponding intellectual property rights, change the status of intellectual property rights of enterprises, and by further digesting and absorbing the corresponding technologies, enterprises can achieve rapid improvement. For example, Harbin Measuring Tool Group Co., Ltd. acquired the German KELCH company and obtained the direct participation in the international market competition platform, realizing the docking of enterprise product technology and international high-end technology.
Another way to maintain a competitive advantage is to participate in standard setting to ensure a balanced use of intellectual property. For those with strong intellectual property rights, they can not only gain strategic advantages in terms of competition, but also greatly reduce the cost of patent use, increase their competitive position and reduce the cost of goods sold. There are only a few companies that can only use this strategy, and those with strong technology or intellectual property status have opportunities. The National Standards Committee Spline Measuring Tool Working Group Jiaxing Hengfeng Tools Co., Ltd. was established. The company has been able to provide a complete set of solutions for a large number of users with spline cooperation. By participating in the standardization work of the spline measuring tools, the competitive advantage of the products can be ensured.
3.15 The talk about the sound of anti-counterfeiting rights has not completely disappeared, but this seems to be far from the protection of the tool industry. The seizure of infringing tool news reports occasionally appeared in newspapers, and intellectual property litigation cases were even rarer. Many appearances indicate that the infringement of the tool industry is very slight. However, this is not the case. The facts under the cover are shocking.